On 10 February 2017, the Official Journal of the European Union publishes Regulation (EU) 2017/227 to include decaBDE restriction in Annex XVII to Regulation (EC) No 1907/2006 (REACH Regulation). The substance decaBDE shall be subject to a limit of 0,1 % (by weight) for its use in the production of or placing the market in another substance as a constituent, a mixture, or an article or any part thereof after 2 March 2019.
Pursuant to Regulation (EU) 2017/227, the following entry is added in Annex XVII to REACH Regulation:
‘67. Bis(pentabromophenyl)ether (decabromodiphenyl ether; decaBDE)
CAS No 1163-19-5
EC No 214-604-9
1. Shall not be manufactured or placed on the market as a substance on its own after 2 March 2019.
2. Shall not be used in the production of, or placed on the market in:
(a) another substance, as a constituent;
(b) a mixture;
(c) an article, or any part thereof, in a concentration equal to or greater than 0,1 % by weight, after 2 March 2019.
3. Paragraphs 1 and 2 shall not apply to a substance, constituent of another substance or mixture that is to be used, or is used:
(a) in the production of an aircraft before 2 March 2027.
(b) in the production of spare parts for either of the following:
(i) an aircraft produced before 2 March 2027;
(ii)motor vehicles within the scope of Directive 2007/46/EC, agricultural and forestry vehicles within the scope of Regulation (EU) No 167/2013 of the European Parliament and of the Council(*) or machinery within the scope of Directive 2006/42/EC of the European Parliament and of the Council(**), produced before 2 March 2019.
4. Subparagraph 2(c) shall not apply to any of the following:
(a) articles placed on the market before 2 March 2019;
(b) aircraft produced in accordance with subparagraph 3(a);
(c) spare parts of aircraft, vehicles or machines produced in accordance with subparagraph 3(b);
(d) electrical and electronic equipment within the scope of Directive 2011/65/EU.
5. For the purposes of this entry ‘aircraft’ means one of the following:
(a) a civil aircraft produced in accordance with a type certificate issued under Regulation (EU) No 216/2008 of the European Parliament and of the Council(***) or with a design approval issued under the national regulations of a contracting State of the International Civil Aviation Organisation (ICAO), or for which a certificate of airworthiness has been issued by an ICAO contracting State under Annex 8 to the Convention on International Civil Aviation;
(b) a military aircraft.
Click here to download the amended REACH Annex XVII (updated on 10 February 2017)
Note: All products intended for sale in EU shall comply with REACH Annex XVII- “Restrictions on the Manufacture, Placing on the Market and Use of Certain Dangerous Substances”.
Bis(pentabromophenyl)ether ('decaBDE') is widely used as an additive flame retardant with applications in many different sectors, in particular in plastic and textile articles but also in adhesives, sealants, coatings and inks.
Undoubtedly, the inclusion of decaBDE restriction will greatly affect the said industries. It shall also be noted that the substance is also an SVHC which shall also be subject to relevant responsibilities and obligations.
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